APPEAL from a judgment of the Court of Appeal
for Quebec[1], dismissing an
appeal from a judgment of the Superior Court[2]
which had dismissed a motion for revision under s. 846 C.C.P. from
a judgment of the presiding judge of the Small Claims Division of the Provincial Court. Appeal dismissed.

[Page 68]

Kelvin J. MacDougall, Q.C., for the
applicants, appellants.

David Appel, for the respondent.

Henri Brun and Odette Laverdière, for the
mis en cause, the Provincial Court, Mr. Justice Laganière, the Clerk of
the Provincial Court and the Attorney General of the Province of Quebec.

Viateur Bergeron, Q.C., and Richard
Gaudreau, for the mis en cause, the Bar of Quebec.

The judgment of the Court was delivered orally
by

THE CHIEF JUSTICE—We are all of the opinion that
this appeal fails. The respondent was not called upon to answer the appeal with
respect to the jurisdiction of the Small Claims Division of the Provincial
Court of Quebec. As to the constitutional question reading as follows:

Is it competent for the National Assembly
of Quebec to exclude representation by Counsel before the Small Claims Division
of the Quebec Provincial Court pursuant to articles 955, 956 and 985 of the
Quebec Code of Civil Procedure, S.Q. 1965, c. 80, as amended by L.Q.
1971, c. 86, L.Q. 1975, c. 83, art. 57 and L.Q. 1977, c. 73, art. 36?

we do not accept the contentions of counsel for
the appellants and counsel for the Bar of Quebec. Accordingly, we answer the
constitutional question in the affirmative.

The respondent is entitled to his costs
throughout. There will be no costs to or against the Bar of Quebec or the
Attorney General of Quebec.